China's New Foreign Investment Law and Its Contribution Towards the Country's Development Goals

摘要

This article analyses China's new foreign investment legal regime and assesses its contribution to the country's development goals. Fulfilment of the goals entails an increase in 'good' investment flows and more effective regulation and management thereof. This article finds that the reform makes some positive progress towards the development goals. First, administrative control over foreign investments is eased, since a less burdensome report mechanism is established, while foreign investments not included on negative lists are exempt from the approval procedure. Second, a new system is established to strengthen post-entry supervision of foreign investments. Third, equal treatment of foreign investments as well as investment promotion and protection are strengthened. Fourth, the rules have become clearer and more transparent. However, due to certain regulatory flaws, problematic implementation, and a lack of ambition, the progress may be slower than intended. Therefore, the recent reform is only an incremental step towards China's development goals.